Sep
26
Q: Can I live outside the US and keep my green card? Can I renew if my green card status is taken away?
A: Green cards are for people who can genuinely prove that they are permanently residing in the US. A green card is a Permanent Resident Alien registration card. So if you live outside the of the US, abandonment of said green card will be assumed.
If you’ve entered the US not using your green card then again, abandonment will be determined absolutely. Abandonment is automatically presumed after one year’s absence from the US. You can rebut the presumption if you can prove that you did not in fact abandon residency in the US. Evidence would include, but is not limited to, your filing of tax returns each year during your absence, retaining some life, property or assets in the US and so forth. If none of these elements are present or presentable to immigration then your green card will not be renewed due to abandonment and you will have to qualify all over again. US Immigration are not sympathetic to aliens who have allowed the green cards to match since they regard qualifying for a green card in the first place as an immense honor where people risk life and limb every day to acquire this coveted status.
If you feel you may have a viable claim to get your green car renewed my office would certainly be happy to make the application on your behalf.
Sep
7
FAQ: Partner Working on E2 Visa
Filed Under Ask Chris, E-2 Visa | Leave a Comment
Q: I am officially the ‘main investor’ on my E2 visa. Can my partner work on the visa?
A: When the application is made for the E2 visa, there needs to be on investor and one non-investor if one spouse wishes to work. In order to qualify as the investor all the investment documentation i.e., documents showing the purchase of the business must be in the name of the new owner. This new one qualifies for the E2 investor visa on that basis, et. al and the spouse then qualifies for the work permit. This is not something that is easily interchangeable, as what it would entail would be a legal changing of ownership from one spouse to the other with USCIS approval. It would be better if the spouse most likely to end up in the work place long term not be the designated owner of the business even if initially, that spouse may play a leading role in setting up the business for the investing spouse.
Sep
6
FAQ: E2 vs Green Card
Filed Under Ask Chris, E-2 Visa, Green Card | Leave a Comment
Q: What’s the difference between an E2 visa and a Green Card?
A: The E2 visa runs forever as long as the business runs. The major difference between the E2 and the Green card is that with a Green card the alien does not have to work, own a business or anything. It’s therefore desirable for the non-investing spouse to work their way into an employment situation where a green card in the future would be possible. The speed of getting a green card through employment depends on the level of skill required for that job. So for example, in order to get a green card through employment the job itself (generally speaking) should be one where a certain amount of education and or skill is required. Typically, two years training.
The higher the amount of education and skill involved in doing the job then faster the green card will be processed, i.e., a Ph.d graduate would get their green card faster than a plumber. The second factor in speed of getting the green card would be down to the fact that in order for an American employer to sponsor an alien for a green card, the employer must first prove that there were no Americans willing and able to do the job at that time. So the lower the skill level of the job the harder this will be to prove. For example, it would be hard for an employer to prove that after extensive advertising he could not find a qualified receptionist, but it would easy for an employer to prove that he could not find a suitable Ph.d. Now with a work permit an American employer can hire you at the drop of a hat, but having employed you if he then wanted to sponsor you for a green card he’d have to have another unfilled vacancy he could put you up for where the aforementioned test would be played out.
Sep
5
FAQ: Children and Work Permits
Filed Under Ask Chris | Leave a Comment
Q: I am planning on moving to the US. Will my child be able to work?
A: Alien children can only work in the US under two conditions. Firstly, if they have a green card. Secondly if they qualify for a visa that allows them to work. In practice this means that the parents are under some pressure to secure a green card for themselves and children before the children turn 21.
If the parents can’t secure green cards by then then the children will get their own and this can be done in a number of ways. Students from the age of 18 can enter in to a US University or Community college and after the first year they can apply for a work permit so they can work and study at the same time providing the maintain 12 hours of study per week. If the alien decides to leave college altogether then they are given a further year of work permit. After they they need to qualify for a visa / green card that would allow them to carrying working. In truth, this for most families is many years off and we work with each family individually to achieve the best outcome.
Aug
31
FAQ: Parents of Green Card Holders
Filed Under Ask Chris, Green Card | Leave a Comment
Q: Can I bring my parents to the US with me if I have a Green Card?
A: Aliens cannot bring their elderly parents with them to the US neither can they sponsor them unless the aliens become US citizens. An alien can become a US citizen 5 years after they have the green cards or three years after they get their green cards if they got their green cards through marriage to a US citizen. However, elderly parents are able to obtain a 6 month tourist visa to spend quality time with their US-based alien family.
Jul
6
Ask Chris: US Visa With Criminal Record
Filed Under Ask Chris, Interesting Immigration Tips | Leave a Comment
Q: A relative of mine is apply for an F-1 student VISA for the USA. As a juvenile (13 year old) he was cautioned by the police (along with a group of lads) for “theft from a person”. At 15 years old he was cautioned for “damage to a building”. He has never appeared in court and has only had “reprimand final warnings” by the UK Police. He is obviously now an adult. Does he have to declare these incidents when applying for an F1 Visa or would these not be relevant to Embassy checks?
A: To answer your question, a lot would depend on how old your friend is now and what evidence he can come up with as to his reformed character. When someone has any kind of police record they have a duty to US Immigration to submit evidence that they have been rehabilitated. He should definitely admit to everything in the paperwork, but also submit overwhelming evidence of reform.
May
24
Ask Chris: Same Sex Partnerships and US Work Visas
Filed Under Ask Chris, L-1 Visa | Leave a Comment
Q: My company is sending me to the US to work. Is it possible for my partner (who is of the same sex) to accompany me?
A: With regards to same sex relationships, or Civil Partnerships as they are known in the UK, US immigration unfortunately does not recognize these. In your case whilst you may be able to qualify for an L1-A or L1B visa (check with your company which they have in mind as they a radically different in quality) your partner would need to qualify in his own right.
I’m not sure how much advice and support you require at this stage since it’s not clear how likely it is that you’ll get the position, how senior it is, how soon they want you to relocate with or without your partner and who would be paying for the immigration. Answers to these questions would be really helpful so I can advise you better. You partner could always start off as a student and then work his way up the immigration ladder or could buy a business and qualify for immigration that way.
May
24
Ask Chris: Retiring in the US
Filed Under Ask Chris, E-2 Visa | Leave a Comment
Q: My husband and I want to retire in the US. Is there a type of visa we need for this?
A: With regards to retirees US immigration is difficult - this is because US authorities believe that without immediate family to support them, ultimately these aliens will become burdens on the state. For most Brits this of course is not true, but US immigration does not discriminate by countries in this regard. The only way retirees are able to relocate to the US would be if they bought a business here that required very little supervision and already employed a few people.
By supervising their own business they could qualify for an E2 visa that would be renewed every two years indefinitely as long as the business kept going. This for the most part is the only way to achieve close to your goal.
May
8
Ask Chris: H1-B Visa Information
Filed Under Ask Chris, H-1B Visa, H-2C Visa | Leave a Comment
Q: I am a graduate. What are my chances of getting a H-1B visa now? If I got the H-1B, could I come into the US before the visa starts?
A: Unfortunately the H-1Bs for 2007/2008 were all taken April 2nd, the first day of issue. The recent release was for jobs starting no sooner than October 1st 2007. If you had been one of those lucky people who got through then yes, there would be a wait of a few months before they could actually enter the US on the H-1B. In fact, you can arrive up to 30 days prior to start date.
The H-1B is the main graduate visa, there are no other graduate visas. Read more
Apr
20
Ask Chris: Any H1-B Visa’s Left?
Filed Under Ask Chris, H-1B Visa | Leave a Comment
Q: Is it possible for me to work in the US as a freelance consultant on a H1-B visa?
A: Unfortunately as you may know the H-1B visas were all gone on the first day of release. We are hoping for major reform of the H-1B visa this year to take effect next year; in the meantime, other options for graduates without substantial means to set up on their own as freelance consultants are very limited.
The only potentially viable option is for people to take a year off and study here through a local community college. Once graduated they become eligible for a one year general work permit which quickly bring them back into the work force. If they have a degree already then can try and get onto the H-1B program next year while their US employer may also consider sponsoring them for a green card.